Court : Kerala
Reported in : 1986(10)ECC178; 1986LC218(Kerala); 1987(32)ELT565(Ker)
..... -products of copper production as 'trimmings', 'sweepings', and 'drosses'.'22. on 'brass scrap', the supreme court observed in khandelwal metal & engg. works v. union of india air 1985 sc 1211 thus :-'...as stated above, damaged goods of brass, which are compendiously called 'brass scrap', can come into existence during the process of manufacturing brass articles and such ..... duties and fixed the rates as may be specified under the customs tariff act, 1975 or under any other law, for the time being in force. section 2 of the tariff act provided that the rates at which duties of customs shall be levied under the customs act are specified in the first and second schedule.9. there is a ..... supreme court in the decision in khandelwal metal & engg. works v. union of india, air 1985 s.c. 1211, wherein it is held thus :-'...we are unable to accept the argument of the appellants that section 3(1) of the tariff act is an independent charging section or that, the 'additional duty' which it speaks of is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker326
..... the last instalment was payable) was barred by limitation ........'the other case supporting this view is roshan lal v. bashir, air 1925 all 138 (c). there it was held that the applicability of section 25, limitation act, depends on interpretation in each case and that the section does not apply where the parties have agreed that the time must ..... specified date under the indian calendar has been mentioned as the date for repayment, at the same time mentioning the period during which the transaction is to remain in force is expressed in terms of months or years, the debtor should have the benefit of the full period as per the gregorian calendar, in case the specified date ..... published on 5-5-1922, announcing an increase of court-fee for suits filed on the original side of the high court stating that the amendments 'do come into force from the date of publication in the fort st. george gazette', will apply to suits filed on that day before a copy of the gazettee extra-ordinary was received .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker314
..... category and exclude it from the other. the section did not, it was pointed out, admit of any such dissection: and the decision in romesh thappar's case, (air 1950 sc 124) was against performing any such judicial surgery. the same considerations appear to me to apply to the provisions herein impugned. my experience, and that of the ..... mortgage wherein a decree for eviction was passed in january 1956 overruling the contention of the respondents that the suit transaction was a lease. after the coming into force of act 1 of 1964, the respondents filed an application under section 132 thereof for reopening the decree and considering their contention regarding fixity of tenure. this petition was ..... land, the section is severable in its application to agricultural land. counsel for the respondent relied on the dictum in romesh thappar v. state of madras, air 1950 sc 124 and contended that the section is not capable of separable application. i think, this question is concluded by the decision in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker8
..... inconsistency. it therefore follows that the provisions of section 69 read with section 29 of the act, giving power to the executive, the state government to amend the act and levy tax cannot be exercised after the coming into force of the constitution, i.e., 26-1-1950. in consequence, it follows, that the exercise of the power under, the notification in ..... the acceptance of the stand taken by the state in 'these proceedings. as pointed out by subba rao, j., in civil appeals 295 to 298 of 1962 : (air 1964 sc 207).'.....the words 'subject to other provisions of the constitution' mean that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions ..... decisions of the supreme court, for example, those reported in hingir-rampur coal co. ltd. v. state of orissa, air 1961 sc 459 and sudhindra tirtha swamiar v. commissioner for h.r. and c.e. mysore, air 1963 sc 966. if the competency of the legislature under entry 51 of list ii of the seventh schedule is to be .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker260; 1961CriLJ484
..... no necessary connection between them and the performance of those duties, the official status furnishing only the occasion or opportunity for the acts, then no sanction would be required'.in matajog dobey v. h. c. bhari, (s) air 1950 sc 44, these decisions have been reviewed once again by chandrasekhara aiyar, j., and his lordship observed as follows : ..... office.' this 1ms again been affirmed by the privy council in albert west meads v. the king, air 1948 pc 156, in phanindra chandra neogy v. the king, air 1949 pc 117 and in lumbhardar zutshi v. the king, air 1950 pc 26. 7. coming to the supreme court, there are several cases in which this question has ..... 'there must be a reasonable connection between the act and the official duty. it does not mattereven if the act exceeds what is strictly necessary for the discharge of the duty .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker135
..... i do not think it necessary to go into that question and consider how far the provisions of the travancore-cochin prohibition act, 13 of 1950, can be considered to have been, affected by the coming into force of central act xvi of 1955, because of the definite stand taken by the state government that the levies in question are to be sustained ..... the earlier decision referred to by him is that of the andhra pradesh high court though reported only recently in hyderabad c. and p. works v. state of andhra pradesh, air 1963 andh pra 332. there the learned judges had to consider the provisions made in rule, 36 of the spirituous and medicinal preparations rules, 1345 (f) framed under the ..... purposes of excise duty.44. the learned advocate general also referred me to a decision of the mysore high court reported in k.v. bampath v. state of mysore, air 1962 mys. 182. the learned judges in that decision had to consider the question as to whether a chemist and druggist had to take out a licence under the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker8
..... , that is the law for the most part of india. the extension of the indian limitation act to the whole of india in 1951 must be assumed to have carried the interpretation putupon that statute by the privy council also tothis state, though air 1950 trav-c6 57 (fbj hasheld differently. if in a hindu joint family themanager alone can give ..... of the tarwad to give a discharge of the tarwad's rights? the dictum of the privy council in 53 ind app 36 : (air 1926 pc 16) seems to me to apply with greater force to marumakkathayam tarwads; and the adoption thereof has the added advantage of giving a consistent interpretation to the section throughout india.16. in the ..... ., in 4 trav lr 34. that dictum was not based on any provision in the travancore limitation regulation of 1040 which was in force at the time,similar to section 7 of the indian limitation act. such a provision came to be enacted for the firstime in travanttore as section 9 of the travancorelimitation regulation of 1062, and later .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker155; (1961)ILLJ68Ker
..... in vishnu krishnan namboodiri v. k.n. kripal, 1951 ker lt 385 : (air 1952 trav-co 7) and the relevant passage therein reads thus;-'it is clear from sub-clause (e) of clause (xviii) (of section 3 of the army act, 1950) that an officer of the land forces in any part b state was not recognised as a regular officer of the ..... indian army for all purposes and for all time. the expression 'for the time being subject to the act indicates that the subsequent absorption of such an office into the ..... b of the first schedule to the constitution. with the integration of the travancore-cochin state he became a major in the travancore-cochin state forces; and on coming into force of the constitution on 26th january, 1950 he became an officer of the indian army by virtue of article 259 (2) of the constitution.thereafter he was entitled to all the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker169
..... amended and modified:'part a state' shall mean a state for the time being specified in part a of the first schedule to the constitution as in force before the constitution (seventh amendment) act, 1956, 'part b state' shall mean a state for the time being specified in part b of that schedule and 'part c state' shall ..... of a state or to the electoral college of a union territory shall be the date of election of that candidate.'4. in chatturbhuj vithaldas v. moreshwar parashram, air 1954 sc 236 (a), the supreme court said:'now the words of the section are 'shall be disqualified for being chosen'. the choice is made by a ..... proceedings reads as follows : 'this state is described as 'travancore-cochin state' in the constitution of india which comes into force on the 26th january 1950. all concerned are hereby informed that, with effect from the 26th january 1950, this state will be known as 'travancore-cochin state' and this government as 'travancore-cochin government'. heads of departments .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ699
..... those 'existing schools' as defined in section 2(3) and falling within section 3(4) of the act.92. the act was made because it was deemed necessary to provide for the better organisation and development of educational institutions in the state, providing a varied and ..... ext.p16. instead, the petitioners have approached this court under article 226 of the constitution of india and it is too early for the petitioners to air their grievances against ext.p16 for the first time before this court. denouncing the right of the writ petitioners to relief (b) in the writ petition ..... legislation to provide for the better oreganisation and development of educational institutions in the state of kerala, categorically provides the law that after commencement of that act, the said act and the rules made thereunder, namely, ker provide the provisions for establishment and recognition of private schools whatever little exception, being available only to .....
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